The Board of Education ("Board") is
committed to providing a safe and orderly school environment where students may
receive and district personnel may deliver quality educational services without
disruption or interference. Responsible behavior by students, teachers, other
district personnel, parents and other visitors is essential to achieving this
goal.

The district has a long‑standing set of
expectations for conduct on school property and at school functions. These
expectations are based on the principles of civility, mutual respect,
citizenship, character, tolerance, honesty and integrity.

The Board recognizes the need to clearly define
these expectations for acceptable conduct on school property, to identify the
possible consequences of unacceptable conduct, and to ensure that discipline
when necessary is administered promptly and fairly. To this end, the board
adopts this code of conduct ("code").

Unless otherwise indicated, this code applies
to all students, school personnel, parents and other visitors when on school
property or attending a school function.

II. DEFINITIONS

For purposes of this code, the following
definitions apply.

"Disruptive
student" means a student under the age of 21 who is substantially
disruptive of the educational process, functioning of the school, or
substantially interferes with the teacher's authority over the classroom.

"Parent" means the biological,
adoptive or foster parent, guardian or person in parental relation to a
student.

"School property" means in or within
any building, structure, athletic playing field, playground, parking lot or
land contained within the real property boundary line of a public elementary or
secondary school, or in or on a school bus, as defined in Vehicle and Traffic
Law §142.

“School bus” means every motor vehicle owned by
a public or governmental agency or private school and operated for the
transportation of pupils, children of pupils, teachers and other persons acting
in a supervisory capacity, to or from school or school activities, or,
privately owned and operated for compensation for the transportation of pupils,
children of pupils, teachers and other persons acting in a supervisory capacity
to or from school or school activities.

“Disability” means (a) a physical, mental or
medical impairment resulting from anatomical, physiological, genetic or
neurological conditions which prevents the exercise of normal bodily function
or is demonstrable by medically accepted clinical or laboratory diagnostic
techniques or (b) a record of such an impairment or (c) a condition regarded by
others as such an impairment.

“Employee” means any person receiving
compensation from a school district or employee of acontracted service provideror
worker placed within the school under a public assistance employment program,
pursuant to title nine-B of article five of the Social Services Law, and consistent
with the provisions of such title for the provision of services to such
district its students or employees, directly or through contract, whereby such
services performed by such person involve direct student contact.

b.that has the effect of
unreasonably and substantially interfering with a student’s education,
educational performance, opportunities or benefits, or mental, emotional or
physical well-being or conduct that reasonably causes, or would be reasonably
beexpected to cause, a student to fear for his or her physical safety.

“Bullying” and “harassment”
can take many forms including, but not limited to: verbal acts,
name-calling, slurs, rumors, jokes, innuendo, demeaning comments, conduct that
is humiliating, drawing cartoons, pranks, gestures, physical attacks, threats,
or other written, verbal, physical or electronic actions, including, but not
limited to e-mail, instant messaging, blogs, chat rooms, pagers, cell phones,
gaming systems and social media websites, both on and off school
property. The basis for such conduct may include, but is not limited
to, a person’s actual or perceived race, color, weight, national origin, ethnic
group, religion, religious practice, physical or mental ability or disability,
sexual orientation, gender, sex, marital status, gender identity,
socio-economic status, and familial status. “Bullying” and
“harassment” do not have to include the intent to harm, be directed at a
specific target, or involve repeated incidents.

"Violent student" means a student
under the age of 21 who:

1.Commits an act of violence
upon a school employee.

2.Commits, while on school
property or at a school function, an act of violence upon another student or
any other person lawfully on school property or at the school function.

3.Possesses, while on school
property or at a school function, a weapon.

4.Displays, while on school
property or at a school function, what appears to be a weapon.

5.Threatens, while on school
property or at a school function, to use a weapon.

6.Knowingly and intentionally
damages or destroys the personal property of any school employee or any person
lawfully on school property or at a school function.

7.Knowingly and intentionally
damages or destroys school district property.

The district is committed to
safeguarding the rights given to all students under state and federal law. In
addition to those rights, all district students have the right to:

1.Present their point of view
and advocate for their civil rights provided those activities are consistent
with a safe, healthy, orderly and civil environment.

2.An opportunity to take part
in all district activities on an equal basis regardless of age, actual or
perceived race, weight, religious practice, religion, color, national origin,
sex, sexual orientation, ethnic group, gender, including gender identity or
expression, or disability, provided they are otherwise qualified to do so.

3.Present their version of the
relevant events to school personnel authorized to impose a disciplinary penalty
in connection with the imposition of the penalty.

4.Access school rules and, when
necessary, receive an explanation of those rules from school personnel.

B.STUDENT RESPONSIBILITIES

All district students have
the responsibility to:

1.Contribute to maintaining a
safe and orderly school en­vironment that is conducive to learning and to show
re­spect to other persons and to property.

2.Be familiar with and abide by
all district policies, rules and regulations dealing with student conduct.

3.Attend school every day
unless they are legally excused and be in class, on time, and prepared to
learn.

4.Work to the best of their
ability in all academic and ex­tracurricular pursuits and strive toward their
highest level of achievement possible.

5.React to direction given by
teachers, administrators and other school personnel in a respectful, positive
manner.

6.Work to develop mechanisms to
control their anger.

7.Ask questions when they do
not understand.

8.Seek help in solving problems
that might lead to disci­pline.

9.Dress appropriately for
school and school functions.

10.Accept responsibility for
their actions.

11. Conduct
themselves as representatives of the district when participating in or
attending school‑sponsored extracurricular events and to hold themselves to the
high­est standards of conduct, demeanor, and sportsmanship.

IV. ESSENTIAL PARTNERS

A.PARENTS

All
parents are expected to:

1.Recognize that the education
of their child(ren) is a joint responsibility of the parents and the school
community.

2.Send their children to school
ready to participate and learn.

3.Ensure their children attend
school regularly and on time.

4.Ensure absences are excused.

5.Insist their children be
dressed and groomed in a manner consistent with the student dress code.

6.Help their children
understand that in a democratic society appropriate rules are required to
maintain a safe, orderly environment.

7.Know school rules and help
their children understand them.

8.Convey to their children a
supportive attitude toward education and the district.

9.Build good relationships with
teachers, other parents and their children's friends.

10.Help their children deal
effectively with peer pressure.

11.Inform school officials of
changes in the home situation that may affect student conduct or performance.

12.Provide a place for study and
ensure homework assignments are completed.

13.Follow school rules and
regulations when on school property or attending school functions.

B.TEACHERS

All
district teachers are expected to:

1.Maintain a climate of mutual
respect and dignity, for all students regardless of actual or perceived race,
color, weight, national origin, ethnic group, religion, religious practice,
disability, sexual orientation, gender, including gender identity or
expression, or sex, which will strengthen students' self‑concept and promote
confidence to learn.

2.Be prepared to teach.

3.Demonstrate interest in
teaching and concern for student achievement.

4.Know school policies and
rules, and enforce them in a fair and consistent manner.

5.Communicate to students and
parents:

a. Course
objectives and requirements

b. Marking/grading
procedures

c. Assignment
deadlines

d. Expectations
for students

e. Classroom
discipline plan.

6.Communicate regularly with
students, parents and other teachers concerning growth and achievement.

7.Identify those students in
their class that exhibit behaviors related to a suspected disability that
impedes his or her learning or that of others, and refer those students to
administration for potential interventions in accordance with federal and state
law.

8.Implement behavioral
intervention plans, Section 504 plans, and Individual Education Programs as
they relate to discipline of students with disabilities.

9.Maintain a climate of mutual
respect and dignity for all students regardless of actual or perceived race,
color, weight, national origin, ethnic group, religion, religious practice,
disability, sexual orientation, gender, including gender identity or expression
or sex, which will strengthen students’ confidence and promote learning.

10.Confront issues of
discrimination and harassment or any situation that threatens the emotional or
physical health or safety of any student, school employee or any person who is
lawfully on school property or at a school function.

11.Address personal biases that
may prevent equal treatment of all students in the school or classroom setting.

12.Report incidents of discrimination
and harassment that are witnessed or otherwise brought to a teacher’s attention
in a timely manner.

C.GUIDANCE COUNSELORS

1.Assist students in coping
with peer pressure and emerging personal, social and emotional problems.

2.Initiate
teacher/student/counselor conferences and parent/teacher/student counselor
conferences, as necessary, as a way to resolve problems.

3.Regularly review with
students their educational progress and career plans.

4.Provide information to assist
students with career planning.

5.Encourage students to benefit
from the curriculum and extracurricular programs.

6.Maintain a climate of mutual
respect and dignity, for all students regardeless of actual or perceived race,
color, weight, national origin, ethnic group, religion, religious practice,
disability, sexual orientation, gender, or sex, which will strengthen students'
self‑concept and promote confidence to learn.

7.Confront issues of
discrimination and harassment or any situation that threatens the emotional or
physical health or safety of any student, school employee or any person who is
lawfully on school property or at a school function.

8.Address personal biases that
may prevent equal treatment of all students in the school or classroom setting.

9.Report incidents of
discrimination and harassment that are witnessed or otherwise brought to a
guidance counselor’s attention in a timely manner.

D.PRINCIPALS

1.Promote a safe, orderly and
stimulating school environment, supporting active teaching and learning.

2.Ensure that students and
staff have the opportunity to communicate regularly with the principal and
approach the principal for redress of grievances.

3.Evaluate on a regular basis
all instructional programs.

4.Support the development of
and student participation in appropriate extracurricular activities.

5.Be responsible for enforcing
the code of conduct and ensuring that all cases are resolved promptly and
fairly.

6.Implement procedures to
provide the building-level procedural protections afforded to students with
disabilities or those suspected of having a disability pursuant to federal and
state law.

7.Maintain a climate of mutual
respect and dignity, for all students regardeless of actual or perceived race,
color, weight, national origin, ethnic group, religion, religious practice,
disability, sexual orientation, gender, or sex, which will strengthen students'
self‑concept and promote confidence to learn.

8.Confront issues of discrimination
and harassment or any situation that threatens the emotional or physical
health or safety of any student, school employee or any person who is lawfully
on school property or at a school function.

9.Address personal biases that
may prevent equal treatment of all students in the school or classroom setting.

E.SUPERINTENDENT

1.Promote a safe, orderly and
stimulating school environment, supporting active teaching and learning.

2.Review with district
administrators the policies of the board of education and state and federal
laws relating to school operations and management.

3.Inform the Board of Education
about trends relating to student discipline.

4.Work to create instructional
programs that minimize problems of misconduct and are sensitive to student and
teacher needs.

5.Work with district
administrators in enforcing the code of conduct and ensuring that all cases are
resolved promptly and fairly.

F.BOARD OF EDUCATION

1.Collaborate with student,
teacher, administrator, and parent organizations, school safety personnel and
other school personnel to develop a code of conduct that clearly defines
expectations for the conduct of students, district personnel and visitors on
school property and at school functions.

2.Adopt and review at least
once a year the district's code of conduct to evaluate the code's effectiveness
and the fairness and consistency of its implementation.

V. STUDENT DRESS CODE

All
students are expected to give proper attention to personal cleanliness and to
dress appropriately for school and school functions. Students and their parents
have the primary responsibility for acceptable student dress and appearance.
Teachers and all other district personnel should exemplify and reinforce
acceptable student dress and help students develop an understanding of
appropriate appearance in the school setting.

A
student's dress, grooming and appearance, including hairstyle/color, jewelry,
make‑up and nails, shall:

1.Be safe, appropriate and not
disrupt or interfere with the educational process. The changing
styles of day to day, the different values of parents and students, as well as
individual interpretation, prevent a detailed description that encompasses
every eventuality. However, scant or skimpy clothing is not
considered appropriate dress for school.

2.Ensure that underwear is
completely covered with outer clothing.

3.Include footwear at all
times. Footwear that is a safety hazard will not be allowed.

4.Not include the wearing of
hats in the classroom except for a medical or religious purpose.

5.Not include items that are
vulgar, obscene, libelous or denigrate others on account of race, color,
religion, creed, national origin, gender, sexual orientation or disability.

6.Not promote and/or endorse
the use of alcohol, tobacco or illegal drugs and/or encourage other illegal or
violent activities.

7.Be appropriate to a specific
educational purpose and not inhibit their full and safe participation. (Ed.law
12:84)

Each building principal or his or her designee shall be
responsible for informing all students and their parents of the student dress
code at the beginning of the school year and any revisions to the dress code
made during the school year.

Students who violate the student dress code
shall be required to modify their appearance by covering or removing the
offending item and, if necessary or practical, replacing it with an acceptable
item. Any student who refuses to do so shall be subject to discipline, up to
and including in-school suspension for the day. Any student who repeatedly
fails to comply with the dress code shall be subject to further discipline, up
to and including out-of-school suspension.

VI. PROHIBITED
STUDENT CONDUCT

The Board of Education expects all students to
conduct themselves in an appropriate and civil manner, with proper regard for
the rights and welfare of other students, district personnel and other members
of the school community, and for the care of school facilities and equipment.

The best discipline is self‑imposed, and
students must learn to assume and accept responsibility for their own behavior,
as well as the consequences of their misbehavior. District personnel who
interact with students are expected to use disciplinary action only when
necessary and to place emphasis on the students' ability to grow in self‑discipline.

The Board recognizes the need to make its
expectations for student conduct while on school property or engaged in a
school function specific and clear. The rules of conduct listed below are
intended to do that and focus on safety and respect for the rights and property
of others. Students who will not accept responsibility for their own behavior
and who violate these school rules will be required to accept the penalties for
their conduct.

Students may be subject to disciplinary action,
up to and including suspension from school, when they:

Engage
in conduct that is disorderly. Examples of disorderly conduct include:

1.Running in hallways.

2.Making unreasonable noise.

3.Using language or gestures
that are profane, lewd, vulgar or abusive.

4.Obstructing vehicular or
pedestrian traffic.

5.Engaging in any willful act
which disrupts the normal operation of the school community.

6.Trespassing. Students are not
permitted in any school building, other than the one they regularly attend,
without permission from the administrator in charge of the building.

Engage
in conduct that is insubordinate. Examples of insubordinate conduct include:

1.Failing to comply with the
reasonable directions of teachers, school administrators or other school
employees in charge of students or otherwise demonstrating disrespect.

2.Lateness for, missing or
leaving school without permission.

3.Skipping detention.

Engage
in conduct that is disruptive. Examples of disruptive conduct include:

1.Failing to comply with the
lawful directions of teachers, school administrators or other school personnel
in charge of students or otherwise demonstrating disrespect.

2.Being late for school or
class.

3.Being unprepared for class.

Engage
in conduct that is violent. Examples of violent conduct include:

1.Committing an act of violence
(such as hitting, kicking, punching, and scratching) upon a teacher,
administrator or other school employee or at­tempting to do so.

2.Possessing a weapon.
Authorized law enforcement officials are the only persons permitted to have a
weapon in their possession while on school prop­erty or at a school function.
“Weapon” means a gun, pistol, revolver, shotgun, rifle, machine gun, BB gun,
pellet gun or air gun, disguised gun, dagger, dirk, razor, stiletto,
switchblade knife, gravity knife, metal knuckle knife, box cutters, cane sword,
electric dart gun, Kung Fu star, electronic stun gun, pepper spray or other
noxious spray, explosive or incendiary bomb, or other dangerous instrument that
can cause physical injury or death.

3.Displaying what appears to be
a weapon.

4.Threatening to use any
weapon.

5.Intentionally damaging or
destroying the personal property of a student, teacher, administrator, other
district employee or any person lawfully on school property, including graffiti
or arson.

6.Intentionally damaging or
destroying school district property.

Engage in any conduct that
endangers the safety, morals, health or welfare of others. Examples of such
conduct include:

1.Lying to school personnel.

2.Stealing the property of
other students, school personnel or any other person lawfully on school
property or attending a school function.

3.Acts of sexual harassment as
defined in the district’s sexual harassment policy.

4.Selling, using or possessing
obscene material.

5.Possessing or smoking a cigarette,
cigar, pipe or using chewing or smokeless tobacco.

While the law requires the
school district to furnish transportation, it does not relieve the parents of
students from the responsibility of supervision until such time as the child
board the bus in the morning and after the child leaves the bus at the end of
the school day.

Once a child boards the bus –
and only at that time – does he or she become the responsibility of the school
district. Such responsibility will end when the child is delivered
to the regular bus stop at the close of the school day.

In view of the fact that a
bus is an extension of the classroom, the Board of Education will require
students to conduct themselves in the bus in a manner consistent with
established standards for classroom and school behavior.

Children who become a serious
disciplinary problem on the school bus may have their riding privileges suspended
by the principal. In such cases, the parents of the children
involved will be responsible for seeing that their children get to and from
school safely.

G. Engage
in any form of academic misconduct. Examples of academic misconduct include:

1.Plagiarism.

2.Cheating.

VII. REPORTING
VIOLATIONS OF THE CODE OF CONDUCT

Any student observing a student engaging in
prohibited student conduct on school property or at a school function shall
report the violation of the code of conduct to faculty, staff or an
administrator.

Any student who is the victim or has knowledge
of bullying, harassment, or similar behavior shall report it immediately to
District administrative staff.

Any student observing a student possessing a
weapon, alcohol, cigarettes, cigar, pipe or smokeless tobacco or illegal
substance on school property or at a school function shall be encouraged to
report this information immediately to faculty, staff or
administrator. Any weapons, alcohol, cigarettes, cigar, pipe or
smokeless tobacco or illegal substance found shall be confiscated immediately,
if possible, followed by notifica­tion to the parent of the student involved
and the appro­priate disciplinary sanction if warranted, which may include
permanent suspension and referral for prosecution.

The Building Principal must no­tify the
appropriate local law enforcement agency of those code violations that
constitute a crime and substantially af­fect the order or security of a school
as soon as practical, but in no event later than the close of business the day
the prin­cipal or his or her designee learns of the violation. The noti­fication
may be made by telephone, followed by a letter mailed on same day as the
telephone call is made. The noti­fication must identify the student and explain
the conduct that violated the code of conduct and constituted a crime.

VIII. DISCIPLINARY PROCEDURES AND
PENALTIES

A. PENALTIES

Students who are found to
have violated the district's code of conduct may be subject to the following
penalties, either alone or in combination with one another. The school
personnel identified after each penalty are authorized to impose that penalty,
consistent with the student's right to due process.

12.Short‑term (five days or
less) suspension from school principal, superintendent, board of education

13.Long‑term (more than five
days) suspension from school ‑ Principal, superintendent, board of education

14.In the case of bullying or
harassment, remedial measures focusing on prevention may be
implemented. Approriate remedial measures may include, but are not
limited to:

§peer support groups;
corrective instruction or other relevant learning or service experience;

§supportive intervention;

§behavioral assessment or
evaluation;

§behavioral management plans;

§student counseling and parent
conferences;

§adjustment in hallway traffic
and other studnt routes of travel;

§targeted use of monitors;

§staff professional
development;

§peer support groups.

B. PROCEDURES

The
amount of due process a student is entitled to receive before a penalty is
imposed depends on the penalty being imposed. In all cases, regardless of the
penalty imposed, the school personnel authorized to impose the penalty must
inform the student of the alleged misconduct and must investigate, to the
extent necessary, the facts surrounding the alleged misconduct. All students
will have an opportunity to present their version of the facts to the school
personnel imposing the disciplinary penalty in connection with the imposition
of the penalty.

Students
who are to be given penalties other than a verbal warning, written warning,
written notification to their parents or in school detention are
entitled to additional rights before the penalty is imposed. These additional
rights are explained below.

1. Before/After/In
School Detention

Teachers, principals and the
superintendent may use after school detention as a penalty for student
misconduct. Detention will be imposed as a penalty only after the student's
parent has been notified.

2. Suspension
from transportation

If a
student does not conduct himself/herself properly on a bus, the bus driver is
expected to bring such misconduct to the building principal's attention.
Students who become a serious disciplinary problem may have their riding
privileges suspended by the Building Principal or the Superintendent. In such cases,
the student's parent will become responsible for seeing that his or her child
gets to and from school safely.

A
student subjected to a suspension from transportation is not entitled to a full
hearing pursuant to Education Law §3214. However, the student and the student's
parent will be provided with a reasonable opportunity for an informal
conference with the building principal or the principal's designee to discuss
the conduct and the penalty involved.

A
student subjected to a suspension from athletic participation, extra‑curricular
activities or other privileges is not entitled to a full hearing pursuant to
Education Law §3214. However, the student and the student's parent will be
provided with a reasonable opportunity for an informal conference with the
district official imposing the suspension to discuss the conduct and the
penalty involved.

4. Providing
Alternative Learning Experiences

The
Board recognizes the school must balance the need of students to attend school
and the need for order in the classroom to establish an environment conducive
to learning. As such, the Board authorizes Building Principals and the Superintendent
to place students who would otherwise be suspended from school as the result of
a code of conduct violation in an alternative learning setting apart form the
regular classrooms. A placement in an A.L.S. is the temporary
reassignment of students from the classroom to another area of the school
building designated for such supervision where students will receive
substantially equivalent, alternative education.

A
student subjected to an Alternative Learning Setting is not entitled to a full
hearing pursuant to Education Law §3214. However, the student and the student's
parent will be provided with a reasonable opportunity for an informal
conference with the district official assigning students to
the Alternative Learning Center.

5. Teacher
Assignment to A.L.S. of Disruptive Students

A
disruptive student is a student who is substantially disruptive of the
educational process, school function,or substantially interferes with the teacher's
authority over the classroom

A
classroom teacher may assign a student from class to A.L.S. for no more than
two days in secondary school and one day in elementary schools if the teacher
determines that the student is disruptive (hereinafter
“reassignment”). A teacher may only reassign students from his or
her class for the duration of that class.

If the disruptive student
does not pose a danger or ongoing threat of disruption to the academic process,
the teacher must provide the student, before the student is reassigned, with an
explanation for why he or she is being reassigned. The student must
also be given the opportunity to explain his or her version of the relevant
events. Only after the informal discussion may a teacher reassign a student
from class.

If the student does pose a
danger or ongoing threat of disruption, the teacher may order the student to be
reassigned immediately. The teacher must, however, explain to the student why
he or she was reassigned from the classroom and give the student a chance to
present his or her version of the relevant events within one full school day.

The
teacher must complete a district‑established disciplinary referral form and
meet with the principal or his or her designee as soon as possible, but no
later than the end of the school day, to explain the circumstances of the
reassignment and to present the referral forms. If the principal is not
available by the end of the same school day, the teacher must leave the form
with the secretary and meet with the principal or designee prior to the
beginning of classes on the next school day.

Within
one school day after the student's reassignment, the Principal or another
district administrator designated by the Principal must notify the student's
parents that the student has been removed from class and why. The notice must
also inform the parent that he or she has the right, upon request, to meet
informally with the Principal or the principal's designee to discuss the
reasons for the reassignment.

If at
the informal meeting the student denies the charges, the Principal or the
principal's designee must explain why the student was reassigned and give the
student and the student's parents a chance to present the student's version of
the relevant events. The informal meeting must be held within two school days
of the student's removal. The timing of the informal meeting may be extended by
mutual agreement of the parent and principal.

The
Principal or the principal's designee may overturn the removal of the student
from class if the principal finds any one of the following:

1.The charges against the
student are not supported by substantial evidence.

2.The student's reassignment is
otherwise in violation of law.

3.The conduct warrants
suspension from school pursuant to Education Law §3214 and a suspension will be
imposed.

The
Principal or his or her designee must make a determination as to whether to
overturn the reassignment before the close of business on the day after the day
of the informal hearing. No student reassigned to A.L.S. by the
classroom teacher will be permitted to re­turn to the classroom until the
Principal makes a final deter­mination, or the period of removal expires,
whichever is less. At the teacher’s discretion, he or she may
rescind the reassignment prior to the expiration of the full period of
reassignment.

Each
teacher must keep a complete log (on a district-provided form) for all cases of
removal of students from his or her class. The Principal must keep a log of all
removals of students from class. Removal of a student with a
disability, under certain circumstances, may constitute a change in the
student's placement. Accordingly, no teacher may remove a student with a
disability from his or her class until he or she has verified with the Principal
or the chairperson of the Committee on Special Education that the removal will
not violate the student's rights under state or federal law or regulation.

Nothing
in this section of the code of conduct abridges the customary right or
responsibility of a principal to suspend a student. Further, nothing
in this code abridges the customary right and responsibility of a teacher to
refer a student to the principal for disciplinary action or manage student
behavior in the classroom. Short-term, time-honored classroom
management techniques such as time out in a classroom or an administrator’s
office are not considered a classroom reassignment to the A.L.S.

6. Suspension
from School

Suspension
from school is a severe penalty, which may be imposed only upon students who
are insubordinate, disorderly, violent or disruptive, or whose conduct
otherwise endangers the safety, morals, health or welfare of themselves or
others.

The
Board retains its authority to suspend students, but places primary responsibility
for the suspension of students with the Superintendent and the Building
Principals.

Any staff member may
recommend to the Superintendent or the Principal that a student be suspended.
All staff members must immediately report and refer a violent student to the
Principal or the Superintendent for a violation of the code of conduct. All
recommendations and referrals shall be made in writing unless the conditions
underlying the recommendation or referral warrant immediate attention. In such
cases a written report is to be prepared as soon as possible by the staff
member recommending the suspension.

The
Superintendent or Principal, upon receiving a recommendation or referral for
suspension or when processing a case for suspension, shall gather the facts
relevant to the matter and record them for subsequent presentation, if
necessary.

a. Short‑term
(5 days or less) Suspension from School

When the
Superintendent or Principal (referred to as the “suspending authority”)
proposes to suspend a student charged with misconduct for five days or less
pursuant to Education Law §3214(3), the suspending authority must immediately
notify the student orally. If the student denies the misconduct, the suspending
authority must provide an explanation of the basis for the proposed suspension.
The suspending authority must also notify the student's parents in writing that
the student may be suspended from school. The written notice must be provided
by personal delivery, express mail delivery, or some other means that is
reasonably calculated to assure receipt of the notice within 24 hours of the
decision to propose suspension at the last known address for the parents. Where
possible, notice should also be provided by telephone if the school has been provided
with a telephone number(s) for the purpose of contacting the parents.

The
notice shall provide a description of the charges against the student and the
incident for which suspension is proposed and shall inform the parents of the
right to request an immediate informal conference with the principal. Both the
notice and informal conference shall be in the dominant language or mode of
communication used by the parents. At the conference, the parents shall be
permitted to ask questions of complaining witnesses under such procedures as
the principal may establish.

The
notice and opportunity for an informal conference shall take place before the
student is suspended unless the student's presence in school poses a continuing
danger to persons or property or an ongoing threat of disruption to the
academic process. If the student's presence does pose such a danger or threat
of disruption, the notice and opportunity for an informal conference shall take
place as soon after the suspension as is reasonably practicable.

If the
student subject to discipline is classified as a student with a disability or
is suspected of having a disability, the Principal shall determine whether a
short-term suspension may constitute a change of placement for that
student. If so, the Principal shall refer the matter to the
Committee on Special Education for a manifestation determination, and impose
consequences for behavior in compliance with state and federal laws and
regulations with respect to students with disabilities.

The parent
may file a written appeal to the Superintendent within 10 days; however, this
process does not forestall the suspension. An appeal of the decision
of the Superintendent may be made to the Board that will make a decision based
solely upon the record before it. All appeals to the Board must be
in writing and submitted to the District Clerk within 10 business days of the
date of the Superintendent’s decision, unless the parents can show that
extraordinary circumstances precluded them from doing so. The Board
may adopt in whole or in part the decision of the
Superintendent. Final decisions of the Board may be appealed to the
Commissioner of Education within 30 days of the decision.

b.Long‑term (more than 5 days)
Suspension from School

When the
Superintendent or Building Principal determines that a suspension for more than
five days may be warranted, he or she shall give reasonable notice to the
student and the student's parents of their right to a hearing. At the hearing
the student shall have the right to be represented by counsel, the right to
question witnesses against him or her and the right to present witnesses and
other evidence on his or her behalf.

The
Superintendent shall personally hear and determine the proceeding or may, in
his or her discretion, designate a hearing officer to conduct the hearing. The
hearing officer shall be authorized to administer oaths and to issue subpoenas
in conjunction with the proceeding before him or her. A record of the hearing
shall be maintained, but no stenographic transcript shall be required. A tape
recording shall be deemed a satisfactory record. The hearing officer shall make
findings of fact and recommendations as to the appropriate measure of
discipline to the Superintendent. The report of the hearing officer shall be
advisory only, and the Superintendent may accept all or any part thereof.

If the
student subject to discipline is classified as a student with a disability or
is suspected of having a disability, the Superintendent shall determine whether
a long-term suspension may exceed ten days or otherwise constitute a change of
placement for that student. If so, the Superintendent shall refer
the matter to the Committee on Special Education for a manifestation determination,
and impose consequences for behavior in compliance with state and federal laws
and regulations with respect to students with disabilities.

An
appeal of the decision of the Superintendent may be made to the Board that will
make its decision based solely upon the record before it. All appeals to the
Board must be in writing and submitted to the district clerk within 30 days of
the date of the Superintendent's decision, unless the parents can show that
extraordinary circumstances precluded them from doing so. The board may adopt
in whole or in part the decision of the superintendent. Final decisions of the
board may be appealed to the Commissioner of Education within 30 days of the
decision.

c. Permanent
suspension

Permanent
suspension is reserved for extraordinary circumstances such as where a
student's conduct poses a life threatening danger to the safety and well being
of other students, school personnel or any other person lawfully on school
property or attending a school function.

C.MINIMUM PERIODS OF SUSPENSION

1.Students who bring a weapon
to school

Any
student found guilty of bringing a weapon onto school property will be subject
to suspension from school for at least one calendar year, unless the student is
classified as a student with a disability, and the suspension would violate the
provisions of Section 201 of the Commissioner’s regulations. Before being
suspended, the student will have an opportunity for a hearing pursuant to
Education Law §3214. The Superintendent has the authority to modify the
one-year suspension on a case‑by‑case basis. In deciding whether to modify the
penalty, the Superintendent may consider the following:

a)The student's age.

b)The student's grade in
school.

c)The student's prior
disciplinary record.

d)The Superintendent's belief
that other forms of discipline may be more effective.

e)Input from parents, teachers
and/or others.

f)Other extenuating
circumstances.

The
Superintendent is required to refer the following students to
the CountyAttorney (or the County presentment agency if not the
county attorney) for a juvenile delinquency proceeding before the
Family Court.

a. Any
student under the age of 16 who is found to have brought a weapon to school, or

b. Any
student 14 or 15 years old who qualifies for juvenile offender status under the
criminal Procedure Law.

The
Superintendent is required to refer students over the age of 16 or any student
14 or15 years old who qualifies for juvenile offender status to the appropriate
law enforcement authorities. A student 14 or 15 year old who
possesses a firearm, machine-gun or loaded firearm (as defined in § 265.00 of
the Penal Law) on school grounds (as defined in § 220.00 (14) of the Penal Law)
qualifies for juvenile offender status under § 1.20 of the Criminal Procedure
Law.

A
student with a disability may be suspended only in accordance with the
requirements of state and federal law.

2.Students who commit violent
acts other than bringing a weapon to school

Any
student, who is found to have committed a violent act, other than bringing a
weapon onto school property, shall be subject to suspension from school for at
least five days, unless the student is classified as a student with a
disability, and the suspension would violate the provisions of Section 201 of
the Commissioner’s regulations. If the proposed penalty is the minimum five‑day
suspension, the student and the student's parents will be given the same notice
and opportunity for an informal conference given to all students subject to a
short‑term suspension. If the proposed penalty exceeds the minimum five‑day
suspension, the student and the student's parents will be given the same notice
and opportunity for a hearing given to all students subject to a long-term
suspension. The Superintendent has the authority to modify the minimum five‑day
suspension on a case‑by‑case basis. In deciding whether to modify the penalty,
the Superintendent may consider the same factors considered in modifying a one‑year
suspension for possessing a weapon.

3.Students who are repeatedly
substantially disruptive of the educational process or repeatedly substantially
interferes with the teacher's authority over the classroom.

Any
student, who engages in conduct which results in the student being reassigned
from the classroom by teacher(s) on four or more occasions during a semester,
or three or more occasions during a trimester, will be suspended from class or
school for at least five days, unless the student is classified as a student
with a disability and the suspension would violate the provisions of Section
201 of the Commissioner’s regulations. If the proposed penalty is
the minimum five‑day suspension, the student and the student's parent will be
given the same notice and opportunity for an informal conference given to all
students subject to a long‑term suspension. The Superintendent has the
authority to modify the minimum five‑day suspension on a case‑by‑case basis. In
deciding whether to modify the penalty, the Superintendent may consider the
same factors considered in modifying a one‑year suspension for possessing a
weapon.

IX. ALTERNATIVE
INSTRUCTION

When a student of any age is removed from class
by a teacher, or a student of compulsory attendance age is suspended from
school pursuant to Education Law §3214, the district will take immediate steps
to provide alternative means instruction by certified staff for the
student. In addition, alternative instruction will be made available
to any student over the compulsory attendance age who presents a sincere desire
to complete his/her high school education.

X. DISCIPLINE
OF STUDENTS WITH DISABILITIES

The Board of Education recognizes that it may
be necessary to sus­pend, remove or otherwise discipline students with disabili­ties
to address disruptive or problem behavior. The Board also recognizes that
students with disabilities enjoy certain procedural protections whenever school
authorities intend to impose discipline upon them. The Board is committed to
ensuring that the procedures followed for suspending, removing or otherwise
disciplining students with disabili­ties are consistent with the procedural
safeguards required by applicable laws and regulations.

The code of conduct affords students with
disabilities subject to disciplinary action no greater or lesser rights than
those expressly afforded by applicable federal and state laws and
regulations. Those procedures are set forth in Part 201 of the
Commissioner’s Regulations incorporated by reference herein.

A.Authorized Suspensions or
Removals of Students with Disabilities

For
purposes of this section of the code of conduct, the following definitions
apply.

A "removal" means a
removal for disciplinary reasons from the student's current educational
placement other than a suspension and change in placement to an interim alter­native
educational setting (IAES) ordered by an impartial hearing officer because the
student poses a risk of harm to himself or herself or others.

“IAES" means a temporary
educational placement for a period of up to 45 days, other than the student's
current placement at the time the behavior precipitating the IAES placement
occurred, that enables the student to continue to progress in the general
curriculum, although in another setting, to continue to receive those services
and modifica­tions, including those described on the student's current
individualized education program (IEP), that will enable the student to meet
the goals set out in such IEP, and include services and modifications to
address the behavior which precipitated the IAES placement that are designed to
pre­vent the behavior from recurring.

School
personnel may order the suspension or re­moval of a student with a disability
to the same extent as a non-disabled student provided that the conduct that
resulted in the removal or suspension was not a manifestation of the student’s
disability.

If the
student’s conduct is determined to be, or may be, a manifestation of the
student’s disability, the school personnel may order the suspension
or removal of a student with a disability provided:

(a)a short term suspension or
removal does not constitute a change in placement. A short
term suspension or removal may constitute a change or placement
where the total suspensions or removals in a school year cumulate to more than
10 school days and because of such factors as the length of each suspension or
removal, the total time the student is removed and the proximity of the
suspensions or removals to one another; and

(b)a long term suspension or
removal dos not constitute a change in placement or exceed 10 consecutive days
for violations of the school code, other than when a student with a disability
possesses a weapon on school grounds, or carries a weapon to school or to a
school function, or the student knowingly possesses or uses illegal dregs or
sells or solicits the sale of a controlled substance while at school or a
school function.

The
Superintendent may order the placement of a student with a disability in an
IAES to be determined by the committee on special education (CSE), for the same
amount of time that a student without a disability would be subject to
discipline, but not more than 45 days, if the student carries or possesses a
weapon to school or to a school function, or the student knowingly possesses or
uses illegal drugs or sells or solicits the sale of a controlled substance
while at school or a school function.

1)"Weapon" means the
same as "dangerous weapon" under 18 U.S.C. § 930 (g) (w) which
includes "a weapon, device, instrument, material or substance, animate or
inanimate, that is used for, or is readily capable of, causing death or serious
bodily injury, except ... [for] a pocket knife with a blade of less than 2 1/2
inches in length."

2)"Controlled
substance" means a drug or other substance identified in certain
provisions of the federal Controlled Substances Act specified in both federal
and state law and regulations applicable to this policy.

3)"Illegal drugs"
means a controlled substance except for those legally possessed or used under
the supervision of a licensed health‑care professional or that is legally
possessed or used under any other authority under the Controlled Substances Act
or any other federal law.

Subject
to specified conditions required by both federal and state law and regulations,
an impartial hearing officer may order the placement of a student with a
disability in an IAES setting for up to 45 days at a time, if maintaining the
student in his or her current educational placement poses a risk of harm to the
student or others.

B.ESSENTIAL PARTNERS FOR
STUDENTS WITH DISABILITIES

1.Committee on Special
Education shall:

a.Conduct functional behavioral
assessments to determine why a student engages in a particular behavior, and
develop or review behavioral intervention plans whenever the district is first
suspending or removing a student with a disability for more than 10 school days
in a school year or imposing a suspension or removal that constitutes a
disciplinary change in placement, including a change in placement to an IAES,
for misconduct involving weapons, illegal drugs or controlled substances.

If subsequently, a student
with a disability who has a behavioral intervention plan and who has been
suspended or removed from his or her current educational placement for more
than 10 school days in a school year is subjected to a suspension or removal
that does not constitute a disciplinary change in placement, the members of the
CSE shall review the behavioral intervention plan and its implementation to
determine if modifications are necessary.

If one or more members of the
CSE believe that modifications are needed, the school district shall convene a
meeting of the CSE to modify such plan and its implementation, to the extent
the committee determines necessary.

b.Conduct a manifestation
determination review of the relationship between the student's disability and
the behavior subject to disciplinary action whenever a decision is made to
place a student in an IAES either for misconduct involving weapons, illegal drugs
or controlled substances or because maintaining the student in his current
educational setting poses a risk of harm to the student or others; or a
decision is made to impose a suspension that constitutes a disciplinary change
in placement.

C.REFERRAL TO LAW ENFORCEMENT
AND JUDICIAL AUTHORITIES

In
accordance with the provisions of IDEA and its implementing regulations:

1.The district may report a
crime committed by a child with a disability to appropriate authorities, and
such action will not constitute a change of the student's placement.

2.The Superintendent shall
ensure that copies of the special education and disciplinary records of a
student with disabilities are transmitted for consideration to the appropriate
authorities to whom a crime is reported.

XI. CORPORAL
PUNISHMENT

Corporal punishment is any act of physical
force upon a student for the purpose of punishing that student. Corporal
punishment of any student by any district employee is strictly forbidden.

However, in situations where alternative
procedures and methods that do not involve the use of physical force cannot
reasonably be used, reasonable physical force may be used to:

1.Protect oneself, another
student, teacher or any person from physical injury.

2.Protect the property of the
school or others.

3.Restrain or remove a student
whose behavior interferes with the orderly exercise and performance of school
district functions, powers and duties, if that student has refused to refrain
from further disruptive acts.

The district will file all complaints about the
use of corporal punishment with the Commissioner of Education in accordance
with Commissioner's regulations.

XII. SEARCHES AND INTERROGATIONS

In recognition of certain societal problems
which present themselves from time to time in our schools, the Board authorizes
the Superintendent, Building Principals and Assistant Principals to conduct
searches of pupils and their possessions for illegal matter or matter which otherwise
constitutes evidence of a violation of the law or any school rule, policy or
directive.

In authorizing such searches by staff, the board
acknowledges students have state and federal constitutional rights to be free
from unreasonable searches and seizures. Accordingly, staff searches
of pupils and searches of their possessions (i.e. pocket contents, book bags,
handbags, etc.) shall not be conducted unless founded upon reasonable
suspicion.

Pupils shall be informed by the Administration that school
lockers, desks, and other storage areas of the school are not their private
property, but the property of the school district. Staff may open
those areas, and subject that space to inspection at any
time. Pupils do not have a reasonable expectation of privacy for
their lockers, desks, or other storage areas. The Superintendent of
Schools is authorized to implement a program whereby trained dogs may sniff
lockers, desks, or other storage areas to determine whether evidence of a
violation of the law, school policy, or rules may be discovered by a search of
the area. A positive alert by the trained dog may constitute
reasonable suspicion to search the contents of a locker, desk, a student’s
possessions or other areas.

The Superintendent of Schools shall establish regulations
regarding staff searches of students, lockers, desks and other areas in
accordance with this policy and law.

A.POLICE INVOLVEMENT IN
SEARCHES AND INTERROGATIONS OF STUDENTS

District officials are
committed to cooperating with police officials and other law enforcement
authorities to maintain a safe school environment. Police officials, however,
have limited authority to interview or search students in schools or at school
functions, or to use school facilities in connection with police
work. Police officials may enter school property or a school
function to question or search a student or to conduct a formal investigation
involving students only if they have:

1.A search or an arrest
warrant; or

2.Probable cause to believe a
crime has been committed on school property or at a school function; or

3.Been invited by school
officials.

Students who are questioned
by police officials on school property or at a school function will be afforded
the same rights they have outside the school. This means:

1.They must be informed of
their legal rights.

2.They may remain silent if
they so desire.

3.They may request the presence
of an attorney.

B.CHILD PROTECTIVE SERVICES
INVESTIGATIONS

Consistent
with the district's commitment to keep students safe from harm and the
obligation of school officials to report to child protective services when they
have reasonable cause to suspect that a student has been abused or maltreated,
the district will cooperate with local child protective services workers who
wish to conduct interviews of students on school property relating to
allegations of suspected child abuse, and/or neglect, or custody
investigations.

All
requests by child protective services to interview a student on school property
shall be made directly to building principal. The principal or his or her
designee shall set the time and place of the interview. The principal shall
decide if it is necessary and appropriate for a school official to be present
during the interview, depending on the age of the student being interviewed and
the nature of the allegations. If the nature of the allegations is such that it
may be necessary for the student to remove any of his or her clothing in order for
the child protective services worker to verify the allegations, the school
nurse or other district medical personnel must be present during that portion
of the interview. No student may be required to remove his or her clothing in
front of a child protective services worker or school district official of the
opposite sex.

A child
protective services worker may not remove a student from school property
without a court order, unless the worker reasonably believes that the student
would be subject to danger of abuse if not he or she were not removed from
school before a court order can reasonably be obtained. If the worker believes
the student would be subject to danger of abuse, the worker may remove the
student without a court order and without the parent's consent.

XIII. VISITORS TO THE SCHOOLS

The
Board encourages parents and other district citizens to visit the district's
schools and classrooms to observe the work of students, teachers and other
staff. Since schools are a place of work and learning, however, certain limits
must be set, for such visits. The building principal or his or her designee is
responsible for all persons in the building and on the grounds. For these
reasons, the following rules apply to visitors to the schools:

1.Anyone who is not a regular
staff member or student of the school will be considered a “visitor”.

2.All visitors to the school
must report to the office of the principal upon arrival at the school. There
they will be required to sign the visitor's register and will be issued a
visitor's identification badge, which must be worn at all times while in the
school or on school grounds. The visitor must return the identification badge
to the principal's office before leaving the building.

3.Visitors attending school
functions that are open to the public, such as parent‑teacher organization
meetings or public gatherings, are not required to register.

4.Parents or citizens who wish
to observe a classroom while school is in session are required to arrange such
visits in advance with the classroom teacher(s), so that class disruption is
kept to a minimum.

5.Teachers are expected not to
take class time to discuss individual matters with visitors.

6.Any unauthorized person on
school property will be reported to the principal or his or her designee.
Unauthorized persons will be asked to leave. The police may be called if the
situation warrants.

7.All visitors are expected to
abide by the rules for public conduct on school property contained in this code
of conduct.

8.School facilities and grounds
are primarily for the use of students. They are not available for
public use during the hours that school programs are in progress.

XIV. PUBLIC
CONDUCT ON SCHOOL PROPERTY

The district is committed to providing an
orderly, respectful environment that is conducive to learning. To create and
maintain this kind of an environment, it is necessary to regulate public
conduct on school property and at school functions.

The restrictions on public conduct on school
property and at school functions contained in this code are not intended to
limit freedom of speech or peaceful assembly. The district recognizes that free
inquiry and free expression are indispensable to the objectives of the district.
The purpose of this code is to maintain public order and prevent abuse of the
rights of others.

A.PROHIBITED CONDUCT

No
person, either alone or with others, shall:

1.Intentionally injure any
person or threaten to do so.

2.Intentionally damage or
destroy school district property or the personal property of a teacher,
administrator, other district employee or any person lawfully on school prop­erty,
including graffiti or arson.

3.Disrupt the orderly conduct
of classes, school programs or other school activities.

4.Distribute or wear materials
on school grounds or at school functions that are obscene, advocate illegal ac­tion,
appear libelous, obstruct the rights of others, or are disruptive to the school
program.

6.Enter any portion of the
school premises without au­thorization or remain in any building or facility
after it is normally closed.

7.Obstruct the free movement of
any person in any place to which this code applies.

8.Violate the traffic laws,
parking regulations or other re­strictions on vehicles;

9.Possess, consume, sell,
distribute or exchange alcoholic beverages, controlled substances, or be under
the influ­ence of either on school property or at a school func­tion.

10.Possess or use weapons in or
on school property or at a school function, except in the case of law
enforcement officers or except as specifically authorized by the school
district.

11.Loiter on or about school
property.

12.Gamble on school property or
at school functions.

13.Refuse to comply with any
reasonable order of identifi­able school district officials performing their
duties.

14.Willfully incite others to
commit any of the acts prohib­ited by this code.

15.Violate any federal or state
statute, local ordinance or board policy while on school property or while at a
school function.

16.Smoke on school property.

B.PENALTIES

Persons
who violate this code shall be subject to the following penalties:

1. Visitors. Their authorization,
if any, to remain on school grounds or at the school function shall be
withdrawn and they shall be directed to leave the premises. If they refuse to
leave, they shall be subject to ejection and may be subject to Town
of Oyster Bay ordinances.

2. Students. They shall be
subject to disciplinary action as the facts may warrant, in accordance with the
due process requirements.

3. Tenured faculty
members. They shall be subject to disciplinary action as the facts may warrant
in accordance with Education Law §3020‑a or any other legal rights that they
may have.

4. Staff members in
the classified service of the civil service entitled to the protection of Civil
Service Law §75. They shall be subject to immediate ejection and to
disciplinary action as the facts may warrant in accordance with Civil Service
Law §75 or any other legal rights that they may have.

5. Staff members
other than those described in subdivisions 4 and 5. They shall be subject to
warning, reprimand, suspension or dismissal as the facts may warrant in
accordance with any legal rights they may have.

C.ENFORCEMENT

The Superintendent shall be responsible for
enforcing the conduct required by this code. The Superintendent may
designate the other district staff who are authorized to take action consistent
with the code.

When the Superintendent or his/her designee
sees an individual engaged in prohibited conduct, the designated school
official shall tell the individual that the conduct is prohibited. The school
official may have the individual removed immediately from school property or
the school function. If necessary, local law enforcement authorities will be
contacted to assist in removing the person.

The district shall initiate disciplinary action
against any student or staff member, as appropriate, with the
"Penalties" section above. In addition, the district reserves its
right to pursue a civil or criminal legal action against any person violating
the code.

D.TRESPASSING

The
Hicksville Board of Education, exercising its powers under the Town
of Oyster Bay Trespass Ordinance and the New York State Penal Law 140
herby prohibits unauthorized or unlicensed persons to trespass on any school
properties under its jurisdiction. To carry out this policy, the
board authorizes the Superintendent of Schools to designate, on or before
September 1st of each school year, certain personnel for each
building and those with jurisdiction over all buildings to issue orders against
a person trespassing. Such a list may be revised at any time
necessary to update.

XV. DISSEMINATION
AND REVIEW

A.DISSEMINATION OF CODE OF
CONDUCT

The board will work to ensure
that the community is aware of this code of conduct by:

1.Providing copies of a summary
of the code to all students at a general assembly held at the beginning of each
school year.

2.Making a summary of the code
of conduct written in plain language available to all parents of district
students at the beginning of the school year and making this summary available
later upon request.

3.Providing all current
teachers and other staff members with a copy of the code and a copy of any
amendments to the code as soon as practicable after adoption.

4.Providing all new employees
with a copy of the current code of conduct when they are first hired.

5.Making copies of the code
available for review by students, parents and other community members.

6.Publishing an electronic copy
of the Code of Conduct and any updates as the same are made available on the
District’s Internet website.

On an annual basis, the code of conduct will be
publicized and explained to all students and distributed, in writing, to
parents and guardians of students. A copy of the code will be filed
in each school building, where it will be available for review by any
individual.

The Board will sponsor an in‑service education
program for all district staff members to ensure the effective implementation
of the code of conduct. The Superintendent may solicit the recommendations of
the district staff, particularly teachers and administrators, regarding in
service programs pertaining to the management and discipline of students.

The Board of Education will review this code of conduct
every year and update it as necessary. In conducting the review, the Board will
consider how effective the code's provisions have been and whether the code has
been applied fairly and consistently.

The Board may appoint an advisory committee to
assist in reviewing the code and the district's response to code of conduct
violations. The committee will be made up of representatives of student,
teacher, administrator, and parent organizations, school safety personnel and
other school personnel.

Before making any revisions to the code, the
Board will hold at least one public hearing at which school personnel, parents,
students and any other interested party may participate.

The
code of conduct and any amendments to it will be filed with the Commissioner no
later than 30 days of adoption.